Bolger v. Youngs Drug Products Corp.
463 U.S. 60 (1983)
Youngs manufactured
contraceptives. They wanted to do a mass mailing campaign advertising
their products to the public and educating the public on birth control methods.
Unfortunately, there was a Federal law prohibiting the mailing of
unsolicited advertisements for contraceptives.
Youngs sued for an injunction,
claiming that the law was an unconstitutional infringement of their 1st
Amendment right to free speech.
The Postal Service argued
that Youngs mailing was not covered under the 1st Amendment.
Youngs argued that their
mailers were political speech
because they educated people on birth control issues.
The Trial Court found for
Youngs and issued an injunction. The Postal Service appealed.
The US Supreme Court affirmed.
The US Supreme Court noted
that if Youngs mailings were considered political speech, then they were 100% covered by the 1st
Amendment. If they were considered commercial speech, then they were only due a lesser degree of
protection.
The Court found that the
mailers were clearly commercial speech.
The Court noted that the
mailers were advertisements, they referred to a specific product, and
Youngs was mailing them for commercial reasons.
"Advertising which
links a product to a current public debate is not thereby entitled to
the constitutional protection afforded noncommercial speech."
The Court found that there
are two areas in which the government can regulate commercial speech:
If the speech promotes
illegal acts or it is false, deceptive, or misleading, or
If there is a substantial
government interest.
The Postal Service argued
that there was a substantial government interest in not offending people who didn't want the
mailings, and helping parents keep their kids from learning about birth
control. However, the Court found that neither of these reasons was
compelling enough to justify the law.
This case helped define the
idea that commercial speech is due intermediate
scrutiny protection.